FINAL OFFER SELECTION Sample Clauses
The Final Offer Selection clause establishes a process where, in the event of a dispute, each party submits its best and final offer, and an independent decision-maker must choose one of the offers in its entirety without modification. This approach is commonly used in arbitration or negotiation settings, such as labor disputes or contract pricing disagreements, to encourage both parties to make reasonable and fair proposals. Its core practical function is to incentivize compromise and discourage extreme positions, as the risk of having the other party's offer selected motivates both sides to present more balanced and realistic terms.
FINAL OFFER SELECTION. 44.01 The Co-operative and the Union agree to commence negotiations for the renewal of the existing Collective Agreement between them once notice has been properly given in accordance with the terms of said Collective Agreement and the Co-operative and the Union further agree to negotiate in good faith with a view to reaching agreement on a renewal of said existing Collective Agreement.
44.02 The Co-operative and the Union agree to enter into and proceed through negotiations and further agree that each will make every reasonable effort to reach agreement on the provisions for the renewal of the existing Collective Agreement.
44.03 Should the Co-operative and the Union reach an impasse in negotiations for the renewal of the above-mentioned Agreement, they mutually agree to extend said Agreement in its entirety and to forego the right to strike or lock out. All outstanding matters will then be submitted to final offer selection as hereinafter provided:
(a) The Co-operative and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date of reaching such impasse.
(b) The Selector shall be selected by mutual agreement between the Co-operative and the Union if at all possible. If no agreement is reached on the person who will act as Selector, either party may then request The Manitoba Labour Board to make the appointment.
(c) The Selector shall receive a written statement or brief from the Co- operative and the Union, outlining each of their respective positions on the outstanding proposals, within fourteen (14) days of their appointment, and shall select either the Co-operative or the Union position as outlined by them as the basis for settlement.
(d) The Co-operative and the Union may mutually agree that their best interests would be served by having the Selector convene a meeting rather than receiving the positions of parties in writing. Failing such mutual agreement, the Co-operative and the Union will submit their final positions on all outstanding proposals by registered mail, to the Selector, within the fourteen (14) days specified above, or they shall waive all rights under this provision, and the Selector is instructed to proceed with the written statements or briefs which are properly filed within the time limits specified above.
(e) The Selector shall render their decision within twenty-eight (28) days of their appointment, and said decision shall be final and binding on all parties to this Agree...
FINAL OFFER SELECTION. (a) The Final Offer Selector shall select the final offer within fourteen (14) days of his/her appointment.
(b) The final offer selection shall most address the disadvantage while least altering the Collective Agreement.
(c) The Final Offer Selector will provide reasons for the decision.
FINAL OFFER SELECTION. Final Offer Selection has been an important component of the Joint Proposal since its inception back in 1991. During provincial bargaining, if the parties are unable to reach agreement on wage and travel changes, a Final Offer Selector – a neutral third party agreed upon by the bargaining parties – decides which proposal is the most reasonable. There is no opportunity for the Final Offer Selector to consider alternative amounts.